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88105130
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1988
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88105130
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3/9/2007 5:41:42 PM
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3/9/2007 4:41:13 AM
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DEEDS
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88105130
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<br />88- 105130 <br /> <br />It Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument. <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />8, Inspection. Lend.r or its .genl may make I'CIlSOn.bl. entries upon and inspections of the Property, Lend.r <br />shall give Borrower notic. .t the time of or prior to an inspection specifying reason.bl. causc for the inspection. <br />9. Condemnation. Th. proceeds of any award or claim for dam.ges, direct or consequential. in connection with <br />any condemnation or oth.r taking of any pan of the Property, or for conv.yance in li.u of condemn.tion. ar. h.r.by <br />assigned and shall be paid 10 L.nd.r. <br />In the .vent of a tollll taking of the Property, the proccods shall be applied 10 th. sums secured by this Security <br />Instrum.nt, wh.th.r or not th.n duc, with any excess paid to Borrower. In the .vent of a partial taking of the Prop.rty, <br />unless Borrower and L.nder otherwise agree in writing. the sums secured by this Security Instrument shall b. r.duced by <br />the amount of the proceeds multiplied by the following fraction: Ca) th.tollll amount of the sums secured immedi.tely <br />before th.taking, divided by (b) the fair mark.t value oflh. Property Immedi.t.ly befor.th. taking. Any bal.nc. shall b. <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if. aft.r notic. by L.nder to Borrow.r th.1 the cond.mnor off.rs 10 <br />make an award or settle a claim for damages. Borrower fails t~ respond 10 Lend.r within 30 days afl.r the dat.th. notic. is <br />given. Lend.r Is authorized to collect and .pply the proceeds. at its option, either to restoration or repair of th. Prop.rty or <br />to the sums secured by this Security Instrument. whether or not then due. <br />Unless Lender and Borrower oth.rwis. agree in writing, any application of proceeds to principal sh.ll not extend or <br />postpone the due daIC of th. monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />10. Borrower Not R.leased; ForbearaJ1ce By Lend.r Not a Waiver. Extension of the time for paymenl or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original ECJrrower or Borrower's successors in interest. <br />Lender shall not be required to commence proceedings against any succc:.....}r in interest or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made <br />by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in ex6rcising any right or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Successors and Assl_ Bound; Jumt and Several Uability; Co-signers. Th. cov.nants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns ofLend.r and Borrower, subject 10 the provisions <br />of paragraph 17. Borrower's covenants and agreements shalI be joint and several. Any Borrower who co-signs this Securily <br />Instrument but does nllt execute the Not.: Ca) is co-!ligning this Security Instrument only to mortgag., grant and convey <br />that Borrow.r's inICrest in the Property und.r th.terms of this Security Instrumenl; (b) is not personally obligated to pay <br />!b. sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower'may agree to .xt.nd, <br />modify. forbear or make any ac:commodations with regard to the terms of lhis Security Instrument or the Note without <br />that Borrower's consent. <br />12. Loan Charges. If the loan secured by lhis Security Instrument is subject to al.w which sets maximum loan <br />charges, and that law is linalIy interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by th. amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which excceded <br />permitted limits will be refunded to Borrower. Lender may choose to make this r.fund by reducing the principal ow.d <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without any prepayment charg. under the Nol<'. <br />13. LegIslation Alfectiag Lender's Rights. If enactment or expiration of .pplicabl. laws has the effect of <br />rendering any provision of the Not. or this Security Instrument unenforceable aceording to its t.nos, Lender, at Its option, <br />may require immediate payment In full of all sums secured by this Security Instrument and may invoke any remedies <br />permitted by paragraph 19. IfLend.r exercises this option, Lend.r shalltak. the st.ps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by d.livering it or by <br />mailing it by first class mail unless applicable law requires usc of anoth.r m.thod. The notice shall be dir.cted to the <br />Property Address or any other address Borrower designalCS by notic. to Lender. Any notice to Lender shall be given by <br />first class mail to Lender's addr.... stated herein or any oth.r address Lend.r designates by notice to Borrower. Any notic. <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when giv.n as provided <br />in this paragraph. <br />15. Goveralag'Law; Severability. This Security Instrument shall be governed by f.d.raIlaw and the law of the <br />jurisdiction in which the Property is located. In th. event that any provision or ciaus. of this Security Instrument or the <br />NolC conflicts with applicabl.law, such confiict shall not affect other provisions of this Security Instrument or the Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note are declared to'be severable. <br />16. Borrower's Copy. Borrow.r shall b. given on. confonned copy of the Note and of this Security Instrum.nt. <br />17. Transfer of the Property or a Beneficial Interest in Borrow.r. If all or any part of the Prop.rty or any <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br />person) without Lender's prior written consent. Lender may, at its option, require immediate payment in full of all sums <br />secured by this Security Instrument. However, this option shall not be exercised by Lender If .x.rcise is prohibited by <br />federal law as ofthe date of this Security Instrument. <br />If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shan provide a p.riod <br />ofoot less th"" 30 days from th. date the nOlice is d.livered or mailed within which Borrow.r must pay all sums secur.d by <br />this Security Instrument. If Borrower fails 10 pay these sums prior to the expiration of this period, Lend.r m.y invoke any <br />remedies permitted by this Security Instrument withoUI further notice or d.mand on Borrower. <br />Ill. Borrower', Right to Reinstate. If Borrower meets certain conditions, Borrow.r shall have th. right to have <br />enforcen,enl of this Security Instrument discontinued at any tim. prior to th. earlier of: (a) 5 days (or such oth.r period as <br />applicabl.law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: <br />Ca) pays Lender all sums which then would be due und.r this Security Instrument and the Not. h.d no aceel.mtion <br />occurred; (b) cures any default of any other covenants or agreements: (c) pays all expenses incurred in enforcing this <br />Security Instrument, including, but not limited to, reasonable Ilttorneys' fees; and (d) takes such action as Lender may <br />reasonably require to assure that the lien of this Security Instrument. Lender's rights in the Property and Borrower's <br />obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by <br />Borrower. this Security [nst:lJrnent and the obligations secured hereby shall remain fully effective as if no acceleration had <br />occurred. However. this right to reinstate shalJ nol apply in the case of acceleration under paragraphs 13 or 17 <br />
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